No tenancy agreement since 2006!

No tenancy agreement since 2006!

13:15 PM, 25th May 2015, About 7 years ago 12

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I’m looking at buying a tenanted house from a deceased persons estate. The trouble is there’s no tenancy agreement, or record of one, and the tenant hasn’t paid any rent since the owner died.

The tenant has been there since 2006.

Does anyone have experience of anything similar?

I’m wondering whether it’s possible to ensure the tenant signs a new assured tenancy agreement?

If he refuses to sign how easy would it be to evict the tenant?

Many thanks

Andrewsitting



Comments

by Neil Robb

18:49 PM, 30th May 2015, About 7 years ago

Just a quick point if this property is in Northern Ireland and the tenant was in before April 2007 they can claim a protected tenancy.

You need to ensure there is not a regulated tenancy in place or the rent is set at a very low level and is life time and can be passed on in the event of death.

I have been told even if the tenant signs new agreement the old agreement would stand with another document being signed cant remember what it is called.

The people dealing with the will should be chasing none payment of rent.

by Andrew Holmes

12:46 PM, 31st May 2015, About 7 years ago

The person is either occupying the house as a periodic tenant after their AST has lapsed or as someone who has not right or tenancy agreement to be in the property.

Several questions need to be asked, has the person paid a deposit and if so where is it. Is there any proof that the person has a right to occupy the property. Are they prepared to sign a new AST with an agreed amount of rent to paid.

If they are happy to sign a new AST, show where the deposit is or give you a new deposit then there will be no down time on the property.

You will need to go through the house and do an inventory, gas safety checks, electric check, your solicitor might be able to negotiate these with the estate and get them done before you purchase at their expense.

If the present occupier wont play ball then i would insist on empty occupancy upon purchase, otherwise you will have a large expense and a lot of hassle after contracts have been exchanged.


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